2004-08-26 Police Commission Minutes

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Hawaii County Police Commission Minutes of August 26, 2004 Page 7 Ms. Pelayo explained that they usually respond to the officer and the complainant the following week. She asked if they would now have to wait for Corporation Counsel's written response, without letting the complainant know what happened. Commissioner Bertsch stated that the language says, "may." They "may" ask Corporation Counsel to submit findings of fact. Vice Chair Manago clarified that if there were no requests for findings of fact, it would be business as usual. 19. If the IAU completes an investigation on the PC's submission, it should send its report to the chief with a copy to the PC for review, comment, supplementation, or amended findings and conclusions, if any. Commissioner Bertsch stated that Paul de Silva wanted to look at this at the conclusion of the IA report so that he could provide IA with further direction or to make sure they did a fair investigation prior to the chief making a decision. He believes this is way out of the commission's purview. If they find wrongdoing, they should just pass it on to the chief and let him make the decision. Corporation Counsel Ashida stated that their mission is not to dictate or try to control certain outcome within the department. They need to stay away from that. The commission's only power, which is immense and powerful, is the power to remove the chief for cause. Commissioner Frazier stated that they agreed that No. 5 is out, than No. 10 should be too. Commissioner Muller motioned to delete No. 10. Commissioner Lundkvist seconded the motion, and it carried unanimously. 20. If the chief of police refers the case to the administrative review board, a PC non - participating observer designated by the chairman of the police commission should be allowed to attend and audit the meeting subject to reasonable regulations adequately protecting the integrity of the process and the privacy of the accused. Corporation Counsel Ashida requested that the commission defer discussion or decision on this. This is the basis of a current claim filed by SHOPO against the mayor and police chief as a result of what they considered to be inappropriate actions taken by this commission. He recently received a settlement demand from SHOPO that he would like to have agendized for the next meeting. Commissioner Lassiter motioned to defer this. Commissioner Muller seconded the motion, and it carried unanimously.